E/CN.4/2001/66/Add.1 page 24 87. According to non-governmental sources, lawyers, as well as members of the family and private doctors, are very often denied access to detainees by investigators during the preliminary investigation period of detention. Most detainees met by the Special Rapporteur in the various places of detention he visited said that, even in the few instances they had been offered a lawyer, they did not believe that a lawyer could be of any help and therefore rejected the offer. It must also be noted that a significant number of detainees did not understand the meaning of “legal defence”. Furthermore, the Special Rapporteur received information and direct testimonies according to which detainees had been forced to sign a document stating their decision to renounce their right to be assisted by a lawyer. The Chairperson of the Supreme Court indicated that she had never come across such a case. The General Prosecutor indicated that the document by which a person waives his right to a lawyer must be co-signed by the lawyer him/herself; this guarantees that the lawyers explain their role to suspects. According to the information he received during the mission from detainees and lawyers, the Special Rapporteur doubts that this happens in reality. Finally, the General Prosecutor and the Chairperson of the Supreme Court indicated that according to the new Criminal Procedure Code persons apprehended will not have the right to waive their right to a lawyer and will not be able to refuse the presence of a lawyer during interrogation sessions. Nevertheless, according to the copy of the Criminal Procedure Code provided to the Special Rapporteur, “[i]f the arrested person refuses to have a lawyer, it is necessary to get from him a written declaration to that effect (if the person refuses to write the declaration the lawyer or the representative of the temporary detention place is required to prepare an adequate protocol attesting this fact)” (art. 153, para. 2, subpara. 8). According to the head of the Law Enforcement Bodies Department, the lawyer must in any case countersign this document and therefore be present when the suspect is asked to make this declaration in writing. But it must be noted that, according to the interpretation given above, a suspect is still at risk of torture and other forms of ill-treatment to be forced to renounce his/her right to a lawyer during the first 48 hours during which a lawyer is not necessarily present. 88. Articles 19 and 153 provide other basic rights of arrested persons. Everyone who is arrested must be immediately informed of his/her rights (art. 19, para. 4, subpara. 2 and art. 153, para. 2, subpara. 1) and of the reasons for the arrest and of any charge against him/her (ibid.). The arrested person must also be informed of his/her right not to incriminate him/herself or his/her relatives. The family or relatives of any person under arrest are to be informed promptly about the arrest by the personnel of the temporary detention place (art. 153, para. 2, subpara. 4). The same provision also stipulates that the head of the place of temporary detention must take the initiative to inform the family or the relatives of elderly persons, teenagers and psychologically disabled persons in case of arrest. Previously, detaining authorities had up to three days to inform the family of someone detained, which was said to lead to a potential period of unacknowledged incommunicado detention (see article 93 of the previous Criminal Procedure Code). Then, investigators were said to have discretion whether or not to grant access to family members.9 Finally, paragraph 2, subparagraph 10, of article 153 provides that the personnel of temporary detention places should “[n]ot behave in a way as to humiliate the personality or integrity of the arrested person, and to pay special attention to women, elderly persons, teenagers and disabled persons.” 89. The General Prosecutor stressed that detention should only be resorted to for the most serious crimes and that release on bail should be the rule and detention the exception. He also